K.V. THIMMEGOWDA Vs. SMT. KAMALAMMA AND ANOTHER

JUDGEMENT

(1.) IN these two appeals presented under section 110D of the Motor Vehicles Act, 1939 (for short "the Act"), an important question of law that arises for consideration is :

(2.) THE brief facts of the case necessary for appreciating the question arising for consideration in these two appeals are : A bus bearing registration No. MYN -f3257 belonging to the appellant was registered as a stage carriage. On April 22, 1975, according to the appellant, he had sent the bus to K. R. Nagar in Mysore District to fetch diesel as diesel was not available at K. r. Pet. On the way to K. r. Nagar, the driver of the bus had parked the bus at Chunchanakatte. When it was so parked, someone meddled with the vehicle and, as a result, the vehicle moved backwards and hit against a stone mantap. As a result of the impact, the stone mantap collapsed and the stones fell down causing injury to three women who were sitting in the mantap. Out of them, one died and one other was injured. Two claim petitions are presented, one claiming compensation for the death of one the women and the other in respect of the injured woman.

(3.) FROM the facts narrated above, it may be seen that there is no dispute about the material facts. The injured and the deceased were not passengers. They were third parties. The injury as well as the death were caused on account of the negligent manner in which the bus was used in a public place. The risk which is to be answered by the insurance company in the present case is the risk in respect of a third party. The provisions contained in Chapter VIII of the 1939 Act makes insurance of motor vehicles against third party risks compulsory. Therefore, in a case of this type, what we have got to see is - (i)Whether the vehicle was covered by an insurance policy issued in conformity with Chapter VIII of the Act ; (ii) whether the death or injury complained of was caused by the use of the vehicle concerned in a public place.